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NSW Employment Law - Can I Request for Redundancy under Current Organisation's ABN?

Discussion in 'Employment Law Forum' started by Jimity, 11 September 2015.

  1. Jimity

    Jimity Member

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    I work in the higher education sector. Our entity has its own ABN, which we are are paid through etc. We are owned by a parent organisation in the higher education sector which has its own ABN and staff etc. Each organisation has its own Enterprise Agreement ( EBA).

    Today I have been advised the reporting roles of myself, and by extension my team, have been under review since April, with the aim of a decision from a discussion paper (the paper is due next week at mine/parent entities upper management level) to transfer the reporting lines of our roles from those within our organisation, to those at our parent organisation. It will also likely mean my role, whilst staying located at the same physical location, will be treated as that of an agent to the current organisation I work for, with those I currently work with becoming clients rather than colleagues. I have been advised it is likely my, and my teams', role(s) will continue at our parent organisation, effectively meaning I could stay in a job in some form, however I understand my pay would likely come from the ABN of our parent organisation on my pay slip. It is not financially, nor professionally, acceptable to me on face value to be employed by our parent organisation though.

    My question is.: If the reporting of my role transfers to our parent organisation, and my salary is paid by our parent organisation, under their ABN, rather than my current organisation and its ABN, do I have means to request a redundancy under from the entity I currently work for given I am currently paid via its ABN under Employment Law? If I was to accept the position being transferred to our parent organisation (unlikely) could I still request a redundancy under from the entity I currently work and am paid for under their ABN, before pay from our parent organisation's ABN occurs ?
     
  2. Tim W

    Tim W Lawyer

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    From the coy way you write, I infer that you are with a commercial RTO of some kind.
    Are you sure that you are not just being phoenixed?
     
  3. Jimity

    Jimity Member

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    Hi Tim,

    Thanks for your reply. You are correct in that both the organisation I work for, and our parent organisation, are RTO's. Our ABN is listed as a "charitable institution". We're definately profitable. In the last financial year we were the only thing that kept our parent organisation in the black. As a result I'm not sure its a phoenix in the literal sense of the term, but then again I could be wrong.
     
  4. Jimity

    Jimity Member

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    Just an update to this query. Today myself, my team, and 60 other people were officially made aware of this review, which by any other name I would refer to as a restructure. Whilst we were told we would become employees of our parent organisation, paid under their ABN, and we could accept redundancies, it was only lightly touched upon this would actually be a transfer of business. I found more information here.

    Whilst I have some long service leave built up from my service after 5 years (currently at 7.5 years service), as well as (currently) 11 weeks annual leave built up, which I would get paid out on, it would appear if I don't accept the re-employment opportunity offered by our parent organisation that would occur at another site (likely), I will not be eligible for any redundancy pay component of a severance / settlement. Am I right here ?
     

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